Mamakating Town City Zoning Code

The minimum lot size shall be 1/2 acre.

Such occupation is incidental to the residential use of the premises and is carried on in the principal building and solely by the owner-occupant.

Such occupation is carried on in an area not exceeding 25% of the gross floor area of the principal building.

At no time shall any premises be used in such a manner to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.

The existing capacity of the residence's water supply and sewage disposal systems to handle any additional demand generated by the home occupation shall be determined to be adequate for the particular use.

A studio where dancing or music instruction is offered is permitted, provided only one pupil at any one time is instructed. Concerts or recitals are prohibited.

Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.

There shall be no home deliveries of materials or supplies associated with the home occupation.

There shall be no outdoor storage of materials, supplies, or equipment associated with the home occupation.

The minimum lot size shall be 1/2 acre.

Such occupation is incidental to the residential use of the premises and is carried on in the principal building by a resident therein with not more than two nonresident assistants.

Such occupation is carried on in an area not exceeding 25% of the gross floor area of the principal building.

At no time shall any premises be used in such a manner to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.

The capacity of the residence's water supply and sewage disposal systems to handle any additional demand generated by the home occupation shall be determined to be adequate for the particular use.

A studio where dancing or music instruction is offered is permitted, provided only up to a maximum of four pupils at any one time are instructed. Concerts or recitals are prohibited.

Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.

The Planning Board may restrict the number of deliveries of materials or supplies associated with the home occupation.

There shall be no outdoor storage of materials, supplies, or equipment associated with the home occupation.

The Planning Board may approve the operation of a home occupation subject to any condition it deems necessary to ensure that the use does not diminish or impact the peace, security and the overall residential quality of the neighborhood.

One commercial vehicle not exceeding 25 feet in length may be parked on a residential lot. The minimum lot size shall be one acre. No commercial vehicle shall be stored within the front yard of the lot, nor shall any vehicle be parked within 25 feet of any lot line or within a required yard, whichever is greater.

One commercial vehicle not exceeding 25 feet in length may be parked within a private garage on a residential lot. The minimum lot size shall be 1/2 acre.

The commercial vehicle shall be registered to the owner who shall be the occupant of the dwelling.

The on-site parking of more than two commercial vehicles shall constitute a contractor yard and shall not be allowed except as otherwise may be permitted in this chapter.

Heavy construction equipment, i.e., bulldozers, loaders, cranes, etc., shall not be parked or stored on any residential lot, except as part of any construction occurring on site. The storage of heavy construction equipment shall be deemed a contractor yard and shall not be allowed except as otherwise permitted in this chapter.

Tractor-trailers, garbage trucks, dump trucks and similar vehicles shall not be parked or stored on any residential lot within the Town of Mamakating.

Conducted in a manner which is not negligent or reckless;

Conducted in conformity with generally accepted and sound agricultural practices;

Conducted in conformity with all state and federal laws and regulations; and

Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person.

That the proposed animal density will not have a detrimental effect on the residence or adjoining neighborhood by creating deleterious odors, noise, or other health nuisances.

That the proposed animal density will not result in any injury or harm to the animals themselves.

That the animals are properly housed and contained on site.

The raising of more than 20 fowl shall require a special use permit in accordance with the provisions for poultry farms contained in Article V of this chapter.

One horse may be raised and/or boarded on any lot with a minimum two acres without constituting a small-scale farm. A stable and/or enclosures housing the horse shall be set back 25 feet from any lot line.

Promote economic development and encourage planned resort development in a manner that protects the rural character of the Town of Mamakating.

Provide a mix of resort-related uses, including the residential, nonresidential, recreational and open space uses outlined in Schedule II,[1] in accordance with these regulations and with the site plan regulations contained in this chapter.

Provide accessory facilities normally associated with resort-related uses and as outlined in the accompanying PRC Use Table[2] within the site where appropriate, subject to these regulations and this chapter.

Protect and enhance the economic vitality of the Village of Wurtsboro, the Village of Bloomingburg, and the hamlets in the Town of Mamakating by ensuring that the proposed uses in the planned resort community are compatible with, and not necessarily in direct competition with, the uses permitted in the villages and hamlets.

To the maximum extent practicable, preserve water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, outstanding natural topography, significant geological features, and other areas of scenic and ecological value.

Prevent soil erosion and minimize flood hazards.

Permit the innovative and staged development of land which allows for an orderly transition of land from vacant to occupied use.

Allow the development of an appropriate mix of uses in a manner that protects the Town's fiscal base at all stages of the PRC's buildout.

Location of planned resort community within the PRO District. A PRC is allowed in the PRO District subject to the bulk requirements for the individual uses as set forth in Schedule II.

Minimum area. The minimum area necessary to qualify for a PRC shall be 400 contiguous acres of land. For purposes of these provisions, property in the same ownership but separated only by a road or utility easement shall be deemed to be contiguous; however, property separated by other lands not in the same ownership shall be deemed to be noncontiguous. As a result of the large minimum lot requirement for a PRC, and the special requirements contained herein, § 199-35, Environmental constraints, of this chapter shall not apply.

Maximum density.

Maximum development coverage. Maximum development coverage shall not exceed 25% of the entire site.

Ownership. The tract of land proposed for a PRC development may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships, or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the PRC application. In the case of multiple ownership, a plan, once approved, shall be binding on all owners, their successors and assigns.

Utilities. A planned resort community shall be served by central water and central wastewater treatment systems. Central water systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Health and other applicable agencies, and central wastewater treatment systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Environmental Conservation and other applicable agencies or standards and specifications promulgated by the Town of Mamakating. In developing utilities to service the proposed PRC, the applicant shall consider the infrastructure needs of adjoining neighborhoods and shall explore methods to develop a Town-endorsed system that accommodates the needs of adjoining neighborhoods. The applicant shall comply with the Town of Mamakating procedures and standards for establishment or extension of a Town water and/or wastewater treatment district should the proposed project require establishment or extension of a Town district. Gray water systems and water-saving devices shall be used to the maximum extent to limit water consumption. In the event that a Town-endorsed water and Town-endorsed sewer system are not provided, year-round occupancy units that will or may be owned separately from the ownership of the overall resort must be located on individual separate lots of adequate lot size and arrangement to accommodate the lawful and fully compliant installation of individual well and septic systems in the event that operation of any shared private utilities of the resort cease to properly operate. The sizing and arrangement of such individual lots shall consider soils, slopes, all applicable standards, and the requirements of construction and access.

Residential uses. A variety of residential dwelling types are permitted by right within a PRC. These include, but are not limited to, single-family detached and attached dwellings and multiple residences.

Lodging facilities, hotels and motels. All lodging facilities, hotels and motels within a PRC shall meet the design standards contained in § 199-26T(3) through (7). Said facilities shall be designed and operated for transient occupancy only.

Dude ranches. The site plan shall illustrate the general location of all horse trails. To the extent practicable, clear-cutting, or removal of mature trees, shall be discouraged in the design of trails. The site plan shall indicate the proposed width of horse trails to be established. The location of stables, the storage of manure, and other components of the facility shall meet all applicable state agricultural and health standards.

Golf courses.

Existing natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development to the maximum extent practicable. Buffers along water bodies and/or wetland areas shall conform to standards set forth by the New York State Department of Environmental Conservation (DEC) and the Army Corps of Engineers. As a general guideline, multiple stream crossings should be avoided and stream corridors should remain forested to protect water quality and avoid soil erosion.

Maximum development height. The maximum height for buildings and structures within the stated location shall be as follows:

Optional increase in development height. The Town Planning Board may approve an increase in maximum development height for resort conference centers, lodging facilities, condo-hotels, hotels and motels of up to 10 stories not to exceed 100 feet.

The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography, and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. Streets shall conform to Town of Mamakating street and road specifications. A pedestrian system shall be provided to link guest units to other on-site activities.

Internal road access. All uses shall have access to a public or private street except residences, which need no frontage on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a homeowners' association or other entity legally charged with maintenance of common areas.

Primary road access. Primary transportation access serving the site shall be on an improved public road with traffic capacity suitable to handle additional volumes created by the proposed development. The Planning Board may limit and restrict the location of access points where said access would require reliance on Town roads, particularly where those roads do not currently meet Town specifications. The Planning Board may restrict access points on Town roads where reasonable opportunities for access to the proposed site exist on state or county highways.

Emergency services. The applicant shall demonstrate to the satisfaction of the Planning Board that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the site plan application for their review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Planning Board, as a condition of approval, may require the applicant to supplement emergency service protection, including the provision of on-site facilities, provision of private security or other private emergency services, if it is demonstrated that existing services, facilities or equipment is inadequate to properly provide emergency protection.

Building area. The location and arrangement of all structures shall be in harmony with the intent of this district. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development or to the existing or prospective development of the Town.

Boundary setbacks, buffer areas, screening and transitional uses. No building, parking area or road shall be permitted within 50 feet of any property line in order to minimize visual and noise impacts on adjoining parcels. A combination of fencing, natural, undisturbed areas and/or supplemental plantings shall be provided to create a transitional separation between surrounding existing and prospective uses and the proposed development. Buildings exceeding 50 feet in height shall be set back a minimum distance equal to the height of the structure.

Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures in a PRC shall conform to the requirements listed in Schedule II. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped. Parking garages, if required, shall be integrated and directly attached to the principal resort building structure, and its facade shall be consistent with and integrated with the building facade for the resort hotel.

Common property in the PRC. Common property in the PRC is a parcel or parcels of land, and privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Arrangements satisfactory to the Town Board upon the review and recommendations of the Attorney for the Town must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, parking and recreation areas.

Utilities. Utilities shall be designed, installed and operated in accordance with industry standards and best management practices. Plans for utilities shall be reviewed by the Town Engineer and installed and operated in accordance with required permits. To improve the visual quality of the environment and reduce disruption of service during inclement weather, utilities, including electric and cable, shall be installed underground.

Stormwater management and erosion control plan. The applicant shall submit a stormwater management and erosion control plan and shall follow best management practices promulgated by the New York State Department of Environmental Conservation to adequately handle stormwater runoff and protect water quality. Stormwater management facilities, including detention or retention ponds, swales and other drainage features, shall be attractively landscaped. The project's stormwater management system shall allow zero net increase in the rate of stormwater runoff.

Landscaping. All areas of the planned resort community shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the PRC application.

Lighting. On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board with the application for site plan review. The level of illumination shall not exceed a minimum average horizontal level of 0.5 footcandle at the property boundary. Decorative lighting fixtures shall be incorporated into the overall design of the project; cobra-head light fixtures shall be discouraged.

Signage. The applicant shall furnish a sign plan illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance.

Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the Subdivision Regulations. However, where a conflict exists between the development standards contained in this section (i.e., § 199-18 et seq.) and any of the above, this section shall prevail.

Traffic study, indicating the ability, in terms of capacity and geometry, of the internal and roadway network to accommodate traffic generated by the proposed development. The traffic study shall identify mitigation measures, if necessary, to minimize traffic impacts on Town roads and ensure adequate traffic flow through the community.

Ecological survey, assessing the type and quality of ecological habitat on the project site and immediately adjoining properties, and a description of the flora and fauna determined through on-site field investigation. The applicant shall consult with the New York State DEC early in the application process to determine the likely presence of rare, threatened or endangered species as well as species of special concern, and the design of the PRC shall conform to any mitigations required to avoid impacts to said sensitive species. The ecological study shall take into consideration seasonal variations in determining the likely presence of species. To the maximum extent practicable, the design of the PRC shall maximize opportunities to provide a contiguous system of open space which may be linked to open space areas on adjoining parcels.

Cultural resource survey, including a Stage 1A analysis, and, if necessary, subsequent stages of investigation, in accordance with methods and procedures promulgated by the New York State Office of Parks, Recreation and Historic Preservation.

Market feasibility study, demonstrating the market demand for the proposed components of the PRC, and evidence to demonstrate the applicant's experience and financial capability to carry out the plan.

Demographic analysis, identifying the number and type of housing and guest units to be constructed, the bedroom mix, and the anticipated year-round and seasonal population, including school children, to be generated, utilizing demographic multipliers derived from the market area which the proposed project will serve.

Fiscal impact study and the assumptions upon which it is based to review the estimated municipal and school district costs, including capital and operating costs, and the services and ratables which might be anticipated for the development.

A report demonstrating the effect of the introduction of a water supply system to service the PRC on off-site wells prepared by a hydrogeologist. The report will include data on existing and proposed on- and off-site well locations, well yield test and well pump data, well yield capacity, and aquifer recharge/water budget analysis. The potential impact on drawdown of surrounding wetland and water resources shall be documented.

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 160 (Stormwater Control) shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 160 (Stormwater Control). The approved site plan shall be consistent with the provisions of Chapter 160 (Stormwater Control).

Location. Development of mixed-use resorts shall only be permitted on properties within the RVP District which properties or portions thereof are located within 2,000 feet of an existing entrance and/or exit to New York State Route 17.

Permitted uses. A limited mixed-use resort development consists of, at a minimum, a building or buildings used for guest overnight accommodations and recreational uses, including a golf course (subject to the design requirements contained in § 199-26I), cross-country ski trails, horse and hiking trails, tennis and paddleball courts, basketball courts, indoor or outdoor swimming pool and clubhouse. A limited mixed-use resort development may also include resort-related single-family detached structures or single-family attached (townhome) units subject to the design requirements contained in § 199-26N(5)(a). The following uses are allowed accessory to the resort hotel, provided said uses are incorporated into the principal resort building: rooms for meetings and conferences, dining rooms, indoor fitness center, and administrative offices. Ancillary retail uses are permitted, provided they are limited to use by resort guests and the space for said uses is incorporated into the principal resort building. The Planning Board may limit the size and hours of operation of accessory uses to ensure conformity with the intent of these regulations.

Ownership. The tract of land proposed for mixed-use resort development within the stated location may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships, or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the site plan application. In the case of multiple ownership, a plan, once approved, shall be binding on all owners, their successors and assigns.

Utilities. Mixed-use resort projects located within the stated area shall be served by central water and central wastewater treatment systems discharging to the Shawangunk Kill watershed. Central water systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Health, and central wastewater treatment systems shall be constructed in accordance with standards and specifications as required by the New York State Department of Environmental Conservation or standards and specifications promulgated by the Town of Mamakating, whichever are more protective of the environment. Where discharge to the Shawangunk Kill watershed is not possible and discharge to the Basher Kill watershed is proposed, the Planning Board shall require that the proposed quality of treatment is adequate to preclude impacts to the ecology of the Basha Kill from nitrogen loading, pharmacological or chemical impacts even where state water quality standards are met. In developing utilities to service the proposed mixed-use resort, the applicant shall consider the infrastructure needs of adjoining neighborhoods and shall explore methods to develop a Town-endorsed system that accommodates the needs of adjoining neighborhoods. The applicant shall comply with the Town of Mamakating procedures for establishment or extension of a municipal water and/or wastewater treatment district should the proposed project require establishment or extension of a municipal district. Gray water systems and water-saving devices shall be used to the maximum extent to limit water consumption. In the event that a Town-endorsed water and Town-endorsed sewer system are not provided, year-round occupancy units that will or may be owned separately from the ownership of the overall resort must be located on individual separate lots of adequate lot size and arrangement to accommodate the lawful and fully compliant installation of individual well and septic systems in the event that shared private utilities of the resort cease to properly operate. The sizing and arrangement of such individual lots shall consider soils, slopes, all applicable standards, and the requirements of construction and access.

Minimum lot area. The minimum lot area for development of mixed-use resorts shall be 200 contiguous acres. For purposes of these provisions, property in the same ownership but separate only by a road or utility easement shall be deemed to be contiguous; however, property separated by other lands not in the same ownership shall be deemed to be noncontiguous. As a result of the large minimum lot area requirement stated above, and the special requirements contained herein, § 199-35, Environmental constraints, of this chapter shall not apply in the limited purpose of meeting the minimum lot area but shall apply in determining maximum density and for any other purpose.

Maximum density.

Maximum development coverage. Maximum development coverage shall not exceed 25% of the entire site.

Maximum development height. The maximum height for building and structures within the stated location shall be as follows:

Optional increase in development height. The Town Planning Board may approve an increase in maximum development height for resort conference centers, lodging facilities, condo-hotels, hotels and motels of up to eight stories not to exceed 80 feet.

Existing natural features, such as streams, rock outcrops, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development to the maximum extent practicable. Buffers along water bodies and/or wetland areas shall conform to standards set forth by the New York State Department of Environmental Conservation (DEC) and the Army Corps of Engineers. As a general guideline, multiple stream crossings should be avoided and stream corridors should remain forested to protect water quality and avoid soil erosion.

Emergency services. The applicant shall demonstrate to the satisfaction of the Planning Board that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the site plan application for their review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The applicant may be required to supplement emergency service protection, including the provision of on-site facilities, if it is demonstrated that existing services, facilities or equipment is inadequate to properly provide emergency protection.

Building area. The location and arrangement of all structures shall be in harmony with the intent of this district. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development or to the existing or prospective development of the Town.

Boundary setbacks, buffer areas, screening and transitional uses. No building, parking area or road shall be permitted within 50 feet of any property line in order minimize visual and noise impacts on adjoining parcels. A combination of fencing, natural, undisturbed areas and/or supplemental plantings shall be provided to create a transitional separation between surrounding existing and prospective uses and the proposed development.

Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures shall conform to the requirements listed in Article VII, Parking Standards. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped. A parking garage, if required, shall be integrated and directly attached to the principal resort building structure, and its facade shall be consistent with and integrated with the building facade for the resort hotel.

Common property. Common property is a parcel or parcels of land, and privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. Arrangements satisfactory to the Town Board upon the review and recommendations of the Attorney for the Town must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, parking and recreation areas.

Utilities. Utilities shall be designed, installed and operated in accordance with industry standards and best management practices. Plans for utilities shall be reviewed by the Town Engineer and installed and operated in accordance with required permits. To improve the visual quality of the environment and reduce disruption of service during inclement weather, utilities, including electric and cable, shall be installed underground.

Stormwater management and erosion control plan. The applicant shall submit a stormwater management and erosion control plan and shall follow best management practices promulgated by the New York State Department of Environmental Conservation to adequately handle stormwater runoff and protect water quality. Stormwater management facilities, including detention or retention ponds, swales and other drainage features, shall be attractively landscaped.

Landscaping. All areas of a limited mixed-use resort development shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application.

Lighting. On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board with the application for site plan review. The level of illumination shall not exceed a minimum average horizontal level of 0.5 footcandle at the property boundary. Decorative lighting fixtures shall be incorporated into the overall design of the project; cobra-head light fixtures shall be discouraged. All on-site lighting shall be full-cutoff fixtures approved by the International Dark Sky Association, or equivalent certifying organization.

Signage. The applicant shall furnish a sign plan illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance.

Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this chapter and the Subdivision Regulations. However, where a conflict exists between the development standards contained in this section (i.e., § 199-19 et seq.) and any of the above, this section shall prevail.

Traffic study, indicating the ability, in terms of capacity and geometry, of the internal and roadway network to accommodate traffic generated by the proposed development. The traffic study shall identify mitigation measures, if necessary, to minimize traffic impacts on Town roads and ensure adequate traffic flow through the community.

Ecological survey, assessing the type and quality of ecological habitat on the project site and immediately adjoining properties, and a description of the flora and fauna determined through on-site field investigation. The applicant shall consult with the New York State DEC early in the application process to determine the likely presence of rare, threatened or endangered species as well as species of special concern, and the design of the resort shall conform to any mitigations required to avoid impacts to said sensitive species. The ecological study shall take into consideration seasonal variations in determining the likely presence of species. To the maximum extent practicable, the design of the resort development shall maximize opportunities to provide a contiguous system of open space which may be linked to open space areas on adjoining parcels.

Cultural resource survey, including a Stage 1A investigation and, if necessary, subsequent stages of investigation in accordance with methods and procedures promulgated by the New York State Office of Parks, Recreation and Historic Preservation.

Market feasibility study, demonstrating the market demand for the proposed components of the resort development, and evidence to demonstrate the applicant's experience and financial capability to carry out the plan.

Demographic analysis, identifying the number and type of housing and guest units to be constructed, the bedroom mix, and the anticipated year-round and seasonal population, including school children, to be generated, utilizing demographic multipliers derived from the market area which the proposed project will serve.

Fiscal impact study and the assumptions upon which it is based to review the estimated municipal and school district costs, including capital and operating costs, and the services and ratables which might be anticipated for the development.

A report demonstrating the effect of the introduction of a water supply system to service the resort on off-site wells prepared by a hydrogeologist. The report will include data on existing and proposed on- and off-site well locations, well yield test and well pump data, well yield capacity, and aquifer recharge/water budget analysis. The potential impact on drawdown of surrounding wetland and water resources shall be documented.

This section is adopted to advance and protect the public health, safety, and welfare of the Town of Mamakating, including:

Application for and issuance of a building permit shall be required prior to installation of a solar energy system.

A solar energy system shall be designed and installed in accordance with all applicable laws, codes and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code and other state code provisions.

All solar energy system installations must be performed by a qualified solar installer.

Prior to operation, electrical connections must be inspected by the Town Building Inspector and by a qualified electrical inspector acceptable to the Town. Any connection to the public utility grid must meet all applicable Town, state, federal and public utility laws, rules and regulations.

All solar energy systems shall be maintained in good working order.

Roof-mounted solar energy systems that use the electricity on site or off site are permitted as an accessory use in all zoning districts when attached to the roof of any lawfully permitted building or structure.

Height. Roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

A roof-mounted system may be mounted on any legal principal or accessory building or structure.

Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:

Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review.

The applicant shall file a New York State unified solar permit (USP) application and pay all fees to obtain a building permit.

Small-scale solar energy systems are permitted as accessory structures in all zoning districts, subject to the requirements set forth in Subsection G(3) below.

Small-scale solar energy systems must obtain site plan approval from the Planning Board, unless the Code Enforcement Officer determines that the solar energy system will not be visible, due to year-round vegetation screening or topography, from a public or private road or from adjoining properties. If such determination is made, site plan approval is not required, and Subsection G(3)(b) below shall not apply, but issuance of a building permit is required. The applicant shall file a New York State USP application, if applicable.

The following requirements shall apply to all small-scale solar energy systems:

Large-scale solar energy systems are permitted as a special permit use in all zoning districts, except the Ridge and Valley Protection (RVP) District, subject to special use permit and site plan approval by the Planning Board and subject to the following special use permit requirements and conditions.

A large-scale solar energy system shall not be permitted on a site unless at least 50% of the site has existing solar access for the proposed solar energy system prior to any land disturbance or tree clearing.

A large-scale solar energy system shall not be permitted on a site where 50% or more of the site contains any or all of the following sensitive areas:

Special use permit requirements and conditions. In addition to all other site plan and special use permit requirements, the following requirements and conditions shall apply:

Decommissioning, removal and security.

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, and all requirements of this § 199-21 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with this section. A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator.

Modifications. Any and all modifications, additions or deletions to the solar energy system, whether structural or not, shall be subject to prior site plan review and approval by the Planning Board, except routine repairs and maintenance shall not be subject to Planning Board review.